Sardakowski v. Clements et al

Filing 40

MINUTE ORDER granting 38 Motion to Hold in Abeyance Defendant's Motion to Dismiss. The Court shall hold in abeyance the Motion to Dismiss 17 through and including October 25, 2012, by Magistrate Judge Kristen L. Mix on 09/24/12. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01326-RBJ-KLM
JAMES SARDAKOWSKI,
Plaintiff,
v.
TOM CLEMENTS, in his individual capacity,
TRAVIS TRANI, in his individual capacity, and
KAVIN SNYDER, in his individual capacity,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s opposed Motion to Hold in Abeyance
Defendant’s Motion to Dismiss (Doc. 17) [Docket No. 38; Filed September 20, 2012] (the
“Motion”). Plaintiff initiated this case pro se on May 21, 2012. Defendants filed a Motion
to Dismiss [#17] on July 9, 2012, which was subsequently referred to the undersigned
[#18]. The Court issued a Minute Order [#19] requiring Plaintiff and Defendants to file a
Response and a Reply, respectively, addressing only the exhaustion-of-administrativeremedies argument. Plaintiff filed a Response on July 23, 2012 [#24], and Defendants filed
a Reply on August 8, 2012 [#30]. On September 7, 2012, counsel entered an appearance
on behalf of Plaintiff [#32]. Because Plaintiff is now represented, and because Plaintiff
plans on filing an Amended Complaint, Plaintiff asks the Court to temporarily hold in
abeyance the pending Motion to Dismiss [#17].
IT IS HEREBY ORDERED that the Motion [#38] is GRANTED. The Court shall hold
in abeyance the Motion to Dismiss [#17] through and including October 25, 2012.
Dated: September 24, 2012